Franz Kahn (lawyer)

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Franz Michael Kahn ( August 2, 1861 in Mannheim - December 6, 1904 in Strasbourg ) was a German lawyer and author of specialist publications, a leading representative of the modern positivist school of international private law and the 'discoverer' of qualifications as a central structural problem of international private law .

Life

Franz Kahn was born as the son of the Mannheim industrialist and banker Bernhard Kahn and Emma. Eberstadt (1840–1906) was born as the oldest of eight children. His siblings included the composer Robert Kahn , the banker and patron Otto Hermann Kahn and Lili Deutsch, wife of AEG co-founder Felix Deutsch . Franz Kahn studied law at the universities in Berlin, Heidelberg, Munich, Leipzig and Freiburg im Breisgau. In 1884 he was awarded a Dr. jur. PhD . In 1885 and 1888 he passed the two state law exams. After staying in Paris and London to study French and English law, he published his fundamentally important treatise Collisions of Laws in 1891 . In 1890/91 he worked at the local courts, first in Karlsruhe, then in Bretten . Because of a tuberculosis disease , he had to give up the judge's office. He withdrew into private life and, from 1896 in Baden-Baden , from 1900 living in Heidelberg, worked as a private scholar and author in his specialty, international private law .

Franz Kahn Library

After his death, Franz Kahn bequeathed his extensive private library to Theodor Niemeyer, who taught in Kiel . The library became the basis of the library of the later Institute for International Law at the Christian-Albrechts-Universität zu Kiel .

Works (selection)

  • On the history of Roman women's inheritance law, 1885 ( Dissertation University of Leipzig 1884)
  • Legal clashes. A contribution to the teaching of international private law, in: [Jherings] year books for the dogmatics of today's Roman and German private law, vol. 30 (new series, vol. 18), Jena 1891, pp. 1–143 = in: Otto Lenel / Hans Lewald [Hrsg.]: Franz Kahn - Treatises on international private law, Munich 1928, Vol. 1, pp. 1–123.
  • The principle of referral in the German Civil Code and at the Hague Congress for International Private Law, in: [Jherings] Yearbooks for the Dogmatics of Today's Roman and German Private Law, Vol. 36 (New Series Vol. 24), Jena 1896, p. 366 –408 = in: Otto Lenel / Hans Lewald [eds.]: Franz Kahn - Treatises on international private law, Munich 1928, vol. 1, pp. 124–160.
  • About the content, nature and method of international private law, in: [Jherings] year books for the dogmatics of today's Roman and German private law, vol. 40 (2nd episode, vol. 4), Jena 1899, pp. 1-78 = in: Otto Lenel / Hans Lewald [eds.]: Franz Kahn - Treatises on international private law, Munich 1928, Vol. 1, pp. 255–326.
  • Significance of comparative law with reference to international private law. Report for the Congrès international de droit comparé (Paris 1900), in: Journal for international private and criminal law, Vol. 10, Leipzig 1900, pp. 97-105 = in: Otto Lenel / Hans Lewald [Eds.]: Franz Kahn - Treatises on international private law, Munich 1928, Vol. 1, pp. 491–503.
  • The temporal area of ​​application of the local conflict of law rules, in: [Jherings] year books for the dogmatics of today's Roman and German private law, vol. 43, Jena 1901, pp. 299–434 = in: Otto Lenel / Hans Lewald [ed.]: Franz Kahn - Treatises on international private law, Munich 1928, Vol. 1, pp. 363–479.
  • The third Hague Conference of States for International Private Law, in: [Niemeyer's] Journal for international private and public law, Vol. 12, Leipzig 1903, pp. 1–21, 210–261, 385–437; Vol. 13, 1903, pp. 299-351, 394-396; Vol. 15, 1905, pp. 125–264 = in: Otto Lenel / Hans Lewald [eds.]: Franz Kahn - Treatises on international private law, Munich 1928, Vol. 2, pp. 37–178, 302–444
  • The uniform codification of international private law through state treaties, Leipzig 1904 = in: Otto Lenel / Hans Lewald [eds.]: Franz Kahn - Treatises on international private law, Munich 1928, Vol. 2, pp. 1–37.

literature

  • Baden biographies . Part 6. 1901-1910 . Heidelberg 1935, p. 801 ( digitized version )
  • Gisbert Lamberg: The conflict of laws teaching of Franz Kahn (1861-1904) . Dissertation in the Faculty of Law, Göttingen 1975
  • Helmut Weber: The theory of qualification. Franz Kahn, Etienne Bartin and the development of their teaching up to the universal recognition of the qualification as a general problem of international private law (1890–1945) . Tübingen jurisprudential treatises, Volume 62, JCB Mohr, Tübingen 1986 ( partially digitized )

Individual evidence

  1. ↑ Life data at the University of Hamburg (see under Robert Kahn's siblings) as well as in the books by Lamberg (pp. XXI-XXXVI) and Weber (pp. 14-17) named under 'Literature'
  2. ↑ Hans Dölle : Juristic Discoveries , in: Negotiations of the 42nd German Juristentage 1957, Vol. 2, Tübingen 1959, p. B 19 ff
  3. ↑ More about the siblings in the article Bernhard Kahn
  4. ↑ Complete bibliography in Weber (see under 'Literature'), pp. 272–274.
personal data
SURNAME Kahn, Franz
ALTERNATIVE NAMES Franz Michael Kahn (full name)
BRIEF DESCRIPTION German lawyer and university professor
DATE OF BIRTH August 2, 1861
PLACE OF BIRTH Mannheim
DATE OF DEATH December 6, 1904
Place of death Strasbourg